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SMITH v. NELSON

No. 03-00-00168-CV.

53 S.W.3d 792 (2001)

Pete SMITH, Appellant, v. James E. NELSON, State Commissioner of Education, in his Official Capacity Only; and Zapata County Independent School District, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 4, 2001.

Attorney(s) appearing for the Case

Mark W. Robinett, Brim, Arnett & Robinette, P.C., Austin, for Appellant.

George Warner, Austin, for Appellee.

Kelli Karczewski, Schwartz & Eichelbaum, P.C., Austin, for Zapata County Independent School Dist., for Appellee.

David M. Feldman, Feldman & Rogers, L.L.P., Clay T. Grover, Essmyer, Tritico & Clay, L.L.P., Houston, for Amicus Curiae, Texas Assoc., of School Bds. Legal Assist. Fund.

Before Chief Justice, ABOUSSIE, Justices, KIDD and B.A. SMITH.

ON MOTION FOR REHEARING

BEA ANN SMITH, Justice.

Pete Smith signed a contract with Zapata County Independent School District to serve as a high school football coach and athletic coordinator. Mid-year he was reassigned, without a change in pay, to serve as a physical education teacher in an elementary school. When the school district denied his grievance seeking reinstatement, Smith sought to appeal to the State Commissioner of Education. The Commissioner...

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